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KELLY v. STATE FARM MUT. AUTO. INS. CO.

No. C0-02-217.

666 N.W.2d 328 (2003)

Marcia A. KELLY, Petitioner, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.

Supreme Court of Minnesota.

July 31, 2003.

Attorney(s) appearing for the Case

Emmett D. Dowdal, Dowdal Law Office, White Bear Lake, MN, for Appellant.

Katherine A. McBride, John C. Hughes, Meagher & Geer, P.L.L.P., Minneapolis, MN, for Respondent.

Michael C. Snyder, Pamela J. Spaulding, Meshbesher & Spence, Ltd., Minneapolis, MN, for Amicus Curiae Minnesota Trial Lawyers Association.

Heard, considered, and decided by the court en banc.

OPINION

PAGE, Justice.

This appeal arises out of cross-motions for partial summary judgment regarding appellant Marcia Kelly's ability to obtain underinsured motorist (UIM) benefits from respondent State Farm Mutual Automobile Insurance Company (State Farm). As the relevant facts are undisputed, the sole issue before us is whether the exclusion in State Farm's policy, which would preclude Kelly's claim for UIM benefits, contravenes Minnesota case law and...

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